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Thread: Open carry in Independence Mo.

  1. #1
    Regular Member
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    Jun 2008
    Independence, Missouri, USA

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    I posted this in another thread, but felt it should have one of it's own, it's kind of interesting, see the last ordinance.

    It is legal to open carry in Indep, with the exceptions listed in the below ords.

    Independence does not prohibit oc, in fact this city goes a step further and mandates us to be ready to assist any police officer if called upon to assist in an arrest or any other duties as needed. If you would ignore ths call, you could be charged with the crime of failing to assist police. I would take this to mean you should be prepared for this task at all times and should have all the proper equipment to assist ie: weapon, cuffs, rubber gloves etc. If a situation like this were to occur, it would most likely be only in dire asituation and your life or well being could be put at risk.

    As copied from the City of Independence ords.

    SEC. 12.03.003. UNLAWFUL USE OF WEAPONS. Indep Mo City Ords.

    A. A person commits the crime of unlawful use of weapons if he or she knowingly:

    1. Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

    2. Discharges a firearm, projectile weapon or explosive weapon or sets a spring gun; or

    3. Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motorvehicle, or any building or structure used for the assembling of people; or

    10/18/05 (16174)661

    4. Exhibits, in the presence of one more persons, any weapon readily capable of lethal use in an

    angry or threatening manner; or

    §12.03.003City Code, ,4

    5. Possesses or discharges a firearm or projectile weapon while intoxicated; or

    6. Discharges a firearm within one hundred (100) yards of any occupied schoolhouse, courthouse, orchurch building; or

    7. Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a publichighway or discharges or shoots a firearm into any outbuilding; or

    8. Carries a firearm or any other weapon readily capable of lethal use into any church or place wherepeople have assembled for worship, or into any election precinct on any election day, or into anybuilding owned or occupied by any agency of the Federal government, State government, or politicalsubdivision thereof; or

    9. Discharges or shoots a firearm at or from a motor vehicle, discharges or shoots a firearm at anyperson, or at any other motor vehicle, or at any building or habitable structure, unless the person waslawfully acting in self-defense; or

    10. Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal useinto any school, onto any school bus, or onto the premises of any function or activity sponsored orsanctioned by school officials or the district school board.

    E. Subdivisions “3”, “4”, “5”, “6”, “7”, “8”, “9” and “10 of Paragraph A of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to State law.


    Any police officer of the City is hereby authorized, whenever deemed necessary, to call upon any person or number of persons needed to aid in making arrests; and every person who, upon being so summoned by a police officer, shall neglect or refuse to aid in making any arrest shall be guilty of the crime of failing to assist the police.

  2. #2
    Regular Member
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    Jun 2008
    Independence, Missouri, USA

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    This leads us to liability issues.

    I would say that having a leo in Independence ask for your assistance is very unlikely to happen, however, I would do what I could without hesitation, if I believed the leo was in an altercation he/she couldn't handle alone and was at risk.

    I would think liability could be quite an issue with the city in a situation where this was asked of a citizen and they were injured or killed.

    This ordinance was probably put on the books many years ago when gangs and punks with weapons or any serious crimes for that matterwere not a big concern in our city, back in a time where people had respect for a cop and other people in general.

    Another thing to be concerned about is one's own liability if you were to assist a leo and in the process injured a suspect or even worse, had to shoot a suspect. Would the city stand behind you, provide youwith legal representation etc. when the suspects family sues you for injuries or wrongfull death.

    I have had a bit of training myself, as I worked part time for a security co for a number of years and had a PI license in Indep, Lees Summit and KC. The owner of the co was a former leo andfirearms instructor, whom also taught a number of other classes ie: handcuffing and restraint, the use of mace and baton etc. In KC in order to obtain a licenseyou have to pass thefirearms qualifications at the police range, but the most important part of KC's trainingwas the liability class.

    After working in the jobs I did for this company, which included mostly high crime areas in KC and vip protection, interacting with all sorts of people, I have no desire to ever become a leo, and have nothing but utmost respect for what they do and the risks they take. Its a hard job and takes a special person to do it

  3. #3
    Campaign Veteran ComSec's Avatar
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    Feb 2008
    Lees Summit, Missouri, USA

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